Tiruchengode Agriculture Producers v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.12.2023

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN and W.M.P.No.35471 of 2023 Tiruchengode Agricultural Producers'

Co.op.Marketing Society Ltd.

Represented by its Joint Registrar/Administrator, having registered office at No.9, Kutcheri Street, Velur Road, Tiruchengode - 637 211 ... Petitioner Vs.

1.The District Collector, District Collector's Office, Namakkal District, Namakkal.

2.The Commissioner, Tiruchengode Municipality, Namakkal.

3.The Tahsildar, Tiruchengode Taluk, Namakkal.

... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3rd respondent to survey the lands measuring an extent of 4.76 Acres situated in S.Nos.115/2 and 116 at Kailasampalayam Village, Tiruchengode Taluk, Namakkal District by metes and bounds with police protection, within a time frame. For Petitioner : Mr.Deeraj for M/s.PV Law Associates For Respondents : Mr.P.Gurunathan Additional Government Pleader

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, to direct the third respondent to survey the lands measuring an extent of 4.76 Acres situated in S.Nos.115/2 and 116 at Kailasampalayam Village, Tiruchengode Taluk, Namakkal District.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the official respondents.

3. Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, this Court directs the third respondent to consider the petitioner's representation dated 13.07.2023 if it is otherwise in order and if there is no other legal impediment, after giving notice to the petitioner, adjacent land owners of the four boundaries of the subject land and interested parties/other rival claimants if any, as the case may be and conduct enquiry in the manner known to law and pass appropriate orders on merits and in accordance with law. The abovesaid exercise shall be completed within a period of three months from the date of receipt of a copy of this order.

4. With the abovesaid direction, The Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

22.12.2023 mfa Index:Yes/No Speaking Order: Yes/No

To 1.The District Collector, District Collector's Office, Namakkal District, Namakkal.

2.The Commissioner, Tiruchengode Municipality, Namakkal.

3.The Tahsildar, Tiruchengode Taluk, Namakkal.

P.VELMURUGAN, J.

mfa and W.M.P.No.35471 of 2023 22.12.2023